The U.S. Securities and Exchange Commission (SEC) is actively cracking down on crypto initial coin offering (ICO) projects and a top official said earlier this year that dozens of cases are pending. The next wave of enforcement by the SEC, stimulated by its recent settlement with professional boxer Floyd Mayweather and music producer DJ Khaled, is

On November 16, 2018, the U.S. Securities and Exchange Commission (SEC) issued a public statement clarifying its intent to regulate activities involving the issuance and trading of digital assets. The SEC’s Statement on Digital Asset Securities Issuance and Trading pronounces that three categories of financial services that utilize blockchain or other distributed ledger technologies (DLTs) are within the purview of the SEC and require registration with the SEC unless exempt. This broad, authoritative declaration is not unexpected, as, to date, the SEC has stated that all digital assets — regardless of whether they function as alt coins or utility tokens — are securities at least initially and, thus, subject to its jurisdiction. Read more...

The recent crackdown on two initial coin offerings (ICOs) Paragon and AirFox by the U.S. Securities and Exchange Commission (SEC) could lead to many blockchain and crypto projects declaring bankruptcy in the coming months. As CCN reported on November 16, Paragon and AirFox were ordered to pay a $ 350,000 fine to the U.S. SEC and

In August, the SEC announced that it would review the denials of Bitcoin (BTC) ETF proposals made by ProShares, GraniteShares and Direxion, as the original decisions were actually made staff members and not the actual Commision. According to recent SEC filings, the deadline for comments regarding the decision has finally come, and all statements must be submitted […]SludgeFeed

The U.S. Securities and Exchange Commission (SEC) has released a report detailing actions taken against fraudulent ICOs and financial ventures, and, indeed, the year has been wrought with cases. The report details actions for 2018’s fiscal year, which ended on September 30, and offers insight into the ICO-related fraud that has seemingly come to light over the past several months.

Misconduct actions against ICOs and similar cryptocurrency ventures are led by the organization’s Cyber Unit, which became fully operational this year. The SEC explains in the report, “We believe our approach to enforcement in this space has been thoughtful and consistent. Importantly, it has provided a template for authorities in other countries, where fraud and misconduct targeting U.S. investors often have been based.” Read more...

The U.S. Securities and Exchange Commission (SEC) announced today the launch of a “New Strategic Hub for Innovation and Financial Technology.” In a surprising move, the project — dubbed “FinHub” — allows blockchain innovators and initial coin offering (ICO) operators, among other fintech stakeholders, to speak with the SEC directly on rules and market integrity. As the

After a little over a month since first announcing that it would postpone the decision on whether to allow, refuse or defer the listing of the Cboe VanEck/SolidX ETF backed by Bitcoin, the SEC has released a notice today indicating that it would need further comments in order to reach a final decision. According to the notice, the SEC is […]SludgeFeed

This is why we can’t have nice things. A few months ago, cybersecurity pioneer and noted provocateur John McAfee took to Twitter to implore his followers to “flood” Securities and Exchange Commission (SEC) Chairman Jay Clayton’s office with emails and calls. McAfee wanted them to demand that Clayton — to whom he affectionately referred as

Despite what Tom Lee suggested back in July, the technicals of Bitcoin (BTC) haven’t behaved all that well since the string of bearish decisions by the U.S. Securities and Exchange Commission (SEC) regarding the approval of the various exchange-traded funds (ETFs) backed by the digital currency. The issues began last month when the SEC rejected the Winklevoss Twins’ […]SludgeFeed

The regulators have awoken. SEC Director William Hinman introduced novel concepts to the securities law analysis such that sellers of digital assets may have an escape valve. Yes, even if their initial sale triggered securities laws, later sales may not. The industry should not move forward without careful exploration of these concepts.

First order of business: Can digital assets change their colors? As outlined by Global Digital Finance, a digital asset can be a financial asset token (potentially coded as a security), a payment token (Hinman used the term “coin”), or a consumer token (Hinman used the term “token”). The relevant question is not whether an asset can change its token type, but whether the latter two types — a “coin” or “token” in Hinman’s words — can ever become securities. Read more...

When the SEC announced its rejection of the Winklevosses’ latest bitcoin ETF filing, the industry found itself reckoning with a problem on repeat: striving toward the goal of approval, another Exchange Traded Fund (ETF) proposal faced the SEC’s death knell.

At this point in the industry’s development, securing an ETF has become the space’s institutional albatross, the elusivity of which hangs over each successive rejection. The most recent filing was the Winklevosses’ second attempt to list a bitcoin-backed ETF, the first being shot down last year. Read more...